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125341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 12,534 A RESOLUTION TO AUTHORIZE USE OF EMINENT DOMAIN ON THE NAPA VALLEY DR. ROAD RECONSTRUCTION PROJECT (SAINT CHARLES BLVD. TO HINSON RD.); AND FOR OTHER PURPOSES. WHEREAS, attempts to acquire some right -of -way, permanent construction easements, and temporary construction easements necessary for construction of the Napa Valley Dr. (Saint Charles to Hinson) have been unsuccessful; and WHEREAS, efforts will continue to acquire necessary property without the use of eminent domain, but it is imperative that the project proceed to construction without further delay; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The City Manager is authorized to use eminent domain to complete acquisition of right - of -way, permanent construction easements, and temporary construction easements for this project. Section 2. Funding for the City share of the property acquisition cost is available in 215409- 71200- 5000647. Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. Section 5. This resolution will be in full force and effect from and after the date of its adoption. ADOPTED: June 19, 2007 ATTEST: 30 31 32 7� a y Wood, City Clerk 33 U 34 APPROVED AS TO LEGAL FORM: 35 36' 37 Thomas M. Carpenter, City Attokfiey APPROVED: Mark Stodola, Mayor